Tk Protection In Siddha Medicine India.
1. Understanding Traditional Knowledge (TK) in India
Traditional Knowledge (TK) refers to the wisdom, practices, and techniques developed and preserved over generations by communities. In India, it includes knowledge from medicinal systems such as:
Siddha
Ayurveda
Unani
Yoga
Key challenges:
TK is often ancient and publicly known, so it does not qualify as “novel” under patent law.
Outsiders can attempt to patent traditional remedies, which is called biopiracy.
India has implemented laws and systems to defend TK and ensure communities get recognition and protection for their knowledge.
2. Legal and Policy Framework for TK Protection
A. Defensive Protection
This prevents others from obtaining patents on knowledge that is already known. Key measures:
Traditional Knowledge Digital Library (TKDL)
Stores formulations and therapeutic uses from Siddha, Ayurveda, Unani, and Yoga in modern languages.
Patent examiners worldwide can use it to verify prior knowledge.
Indian Patents Act, Section 3(p)
Explicitly excludes from patentability knowledge that is part of traditional knowledge or publicly available in ancient texts.
B. Positive Protection
Benefits TK holders by acknowledging their rights over the knowledge.
Can include sui generis rights or bioprospecting agreements, though these are still evolving.
3. Key Case Laws Protecting Traditional Knowledge (Relevant to Siddha Medicine)
Case 1: Turmeric Wound Healing Patent (USA, 1995–1997)
Background: A US patent was granted for turmeric’s use in wound healing.
Challenge: India presented ancient texts showing turmeric had been used for centuries in wound healing, including in Siddha medicine.
Outcome: The patent was revoked in 1997.
Significance: Highlighted the need for a defensive TK database to prevent biopiracy.
Case 2: Neem Extract Patent (EPO, 1994–2000)
Background: A European patent was granted on a neem-based pesticide. Neem has long been used in Indian medicine and agriculture.
Challenge: India and NGOs provided evidence of traditional uses of neem.
Outcome: The European Patent Office revoked the patent in 2000.
Significance: Strengthened the case for documenting TK in a modern, searchable format like TKDL.
Case 3: Colgate-Palmolive Nutmeg Mouthwash (EPO, 2010s)
Background: Colgate-Palmolive filed a patent for a mouthwash containing nutmeg extract. Nutmeg had traditional uses in India.
Challenge: India submitted references from traditional texts showing nutmeg’s historical use for oral care.
Outcome: The patent was withdrawn.
Significance: Demonstrated TKDL’s effectiveness beyond turmeric and neem, protecting a wide range of botanical knowledge.
Case 4: Ashwagandha / Indian Ginseng (Various jurisdictions)
Background: Patents were filed abroad claiming novelty in Ashwagandha formulations, despite centuries of use in Siddha and Ayurveda.
Challenge: India presented textual evidence from ancient sources showing therapeutic applications.
Outcome: Some patent applications were rejected or withdrawn.
Significance: Reaffirmed that even modern formulations using Siddha knowledge could be contested if prior art existed.
Case 5: Basmati Rice Patent (U.S., 1997–2002)
Background: A U.S. company tried to patent Basmati rice varieties, claiming novelty for traits known in traditional Indian agriculture.
Challenge: India presented historical cultivation records and documentation proving prior art.
Outcome: Patent claims were reduced or rejected.
Significance: Though not medical, this case highlighted how documentation of traditional knowledge can prevent wrongful claims on both medicinal and agricultural TK.
4. Implications for Siddha Medicine
Siddha formulations and therapeutic practices are fully documented in the TKDL.
Any patent claiming novelty for Siddha remedies can be challenged using TKDL as evidence.
The system ensures preventive protection (no one can patent what is already known) and recognition of India’s traditional knowledge globally.
5. Key Takeaways
TKDL is central: It converts ancient Siddha, Ayurveda, and other texts into a searchable database for patent offices.
Legal protection exists: Indian Patent law excludes TK from patentability.
International precedents: Turmeric, neem, nutmeg, and Ashwagandha cases demonstrate successful defense of TK.
Siddha medicine is safeguarded: TKDL includes hundreds of Siddha formulations, ensuring prior art protection.
Global influence: India’s model is cited internationally for protecting traditional knowledge and preventing biopiracy.
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